Workshop 151

Back

Care as a Right from the Inter-American Perspective, Constitutional Courts, and Comparative Approaches

Sala H-602 | Room H-602 | Salle H-602

Chairs:

  • Alexei Julio Estrada – alexei.julio@uexternado.edu.co
  • Pablo González Domínguez – pablogonzalez@corteidh.or.cr
  • Patricia Pérez Goldberg – pperezgoldberg@icloud.com
  • Juan Sebastián López – Jslopez295@gmail.com

SPEAKERS

CamilaVega Salazar
Carmen CeciliaMartínez
Claudia PatriciaAlvarado Bedoya
DanielaMartínez
Diana EstherGuzmán R.
René IbrahamCardona Picón
MarianaBrocca
Merly PatriciaForero Tejada
René IbrahamCardona Picón
Stefany CarolinaChavez Rivera

The right to care encompasses actions aimed at preserving holistic well-being across all stages of life; it involves the provision of medical attention, emotional support, and assistance with daily activities that enable individuals—and those who assume caregiving responsibilities—to pursue their life projects with autonomy and dignity. Recognizing the right to care moves beyond restrictive views that confined this function to the private and family sphere, positioning it instead as a universal and essential need for human life and sustainable social development. Its consolidation as a justiciable right has resulted from a normative construction process both at the domestic level and within regional human rights protection systems.

The topic proposed for this workshop intersects with several thematic axes of the World Congress. On one hand, it acknowledges the ongoing interaction between constitutional courts and other legal interlocutors, such as international human rights tribunals. This dialogical exchange has promoted contributions to the development of the rule of law, while also highlighting the challenges faced by both international and domestic courts in ensuring the effective implementation of their decisions.

On the other hand, recognizing care as a right faces challenges in ensuring compliance: from negative reactions to its recognition by certain sectors of the population, to financial constraints and crises affecting countries with a broad array of recognized rights but lacking the institutional capacity to fulfill their human rights obligations. Finally, acknowledging care as a right raises challenges regarding obligations that may fall on private actors, not only the State.

The workshop aims to examine, from a perspective that recognizes both advances and limitations, the development of the right to care through the study of comparative constitutional jurisprudence and the recent Advisory Opinion of the Inter-American Court of Human Rights that explicitly recognizes this right. A joint analysis of these experiences will allow the identification of consolidated standards, as well as pending challenges for effective implementation, with the goal of fostering a constructive dialogue on both institutional and non-institutional avenues to strengthen the recognition and full guarantee of this right.